The recent decision of the Court of Appeal in Axis Specialty Europe SE v Discovery Land Co LLC [2024] EWCA Civ 7 addresses the question of what is necessary for the court to make a finding that one partner in a law firm ‘condones’ the dishonesty of another, thus allowing the firm’s professional indemnity insurer to rely on an exclusion clause to decline indemnity. John de Waal KC and William Golightly discuss the case which also makes some important findings about aggregation.
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